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Telecheck statue limitation


fhank
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Even though they claim they are not a CRA, under the FCRA definition, they are. That means just like any other report, 7 years.

d) Consumer report.

(1) In general. Except as provided in paragraph (3), the term "consumer report" means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for

(f) The term "consumer reporting agency" means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.

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I just had a run-a-round with Telecheck...

Overdrawn bank account from August 2000 that we filed on BK (13) within a few months (which wasn't included I have since found out....lovely BK attorney that is no longer.....:roll: , but the bank has it listed as a BK, and telecheck won't budge!)xhitwallx

Anyhow, telecheck ( a chicky in the legal department) told me that I would be off the system in Aug. 07....

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You have the same right to dispute inaccurate information and get it corrected/deleated with a check approval company as any bureau.

Kepp in mind,however, that if they simply show that you filed a bankruptcy then it's correct (at least if I understand your post, you DID file a bankruptcy)...if they are saying that particular account was included and was not then it's incorrect.

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I gave my BK attorney a list of debts right after we filed (ones from credit reports). He said he could add them. Years later, i was in a debate with a creditor that was calling...told him I filed, he said I needed to send a copy of BK because he never got notice. I couldn't find him listed, then realized none of the items I had given attorney after we filed were listed.

Called attorney, his response was, "legally, any debt that you had before you filed is in the BK, whether it is listed or not. You have the protection of the BK". He's telling me to tell that to CA, CA is telling me noooooo, it needs to be listed. Basically, this went on for a few phone calls, back and forth. I told CA to call attorney. Never heard back from him after that, and it's been long gone from reports.

Same thing with Telecheck. I saw the CA on my report for the bank, disputed it as BK. It came back verified as BK, then a few months later I was denied a check somewhere, called Telecheck, I told them it was BK, they said send BK paperwork. It wasn't listed. Called attorney once again, and he's not practicing anymore. Thats when Telecheck told me that it would be off their system in 8/07. I told them that the CA has it listed as a BK (which must have been a fluke, since it wasn't included, I'm not arguing!) Bottom line with Telecheck was, they needed it listed, no matter what any of my reports say.

Everything is past SOL now anyway, and there is nothing on CRA that should have been in the BK, that wasn't. Telecheck is the only hiccup I have.

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